Immigration – Reopening Proceedings – Post- Departure Motion

Although a Nigerian native and former legal resident already has been removed from the U.S., he nevertheless can move to reopen immigration proceedings under 8 U.S.C. Sect. 1229a(c)(7)(A); because we conclude that 8 C.F.R. Sect. 1003.2(d) conflicts with clear statutory language and therefore is invalid, we grant the petition for review, vacate the order ...